Continuing my debate over originalism and same-sex marriage with Orin Kerr.
I recently asked: "Is there an originalist case for a right to same-sex marriage?" I thought the answer was "no." Larry Solum and Ilya Somin have each responded to that post. Here's a reply to Larry and Ilya.
My response to co-blogger Orin Kerr's claim that there is no originalist argument for a constitutional right to same-sex marriage.
My friend and co-blogger Ilya Somin has argued that there is a serious originalist case for a constitutional right to same-sex marriage. So far, I'm not convinced. Here's why.
Yale Law Professor William Eskridge - the leading academic defender of same-sex marriage - offers an originalist justification for striking down laws banning the practice.
Amicus brief of the Manhattan Institute argues that Fourth Amendment challenges must be "as-applied" rather than "facial."
A very strong year in terms of quality and breadth.
My response to Prof. Peter Lawler on the relationship between conservatism, libertarianism, and competing approaches to judicial review.
My response to Adrian Vermeule.
Steve Sachs responds to Steve Smith